Office of Public Sector Information
SCHEDULE 2 continued PART 2
16.—(1) This paragraph applies where the Chief Inspector has, before the transfer date, sent a notice to a person of intention to refuse an application for registration under section 79L(1)(a)(39) (notice of intention to take steps) of the 1989 Act.
(2) The notice shall, on and after the transfer date, be treated as notice given under section 73(2) (procedure for taking certain steps) of the 2006 Act.
(3) A person who has, before the transfer date, informed the Chief Inspector of the desire to object to the step being taken under section 79L(3) of the 1989 Act, shall be treated as having given notice under section 73(5) of the 2006 Act.
(4) An objection made before the transfer date under section 79L(3) of the 1989 Act to a step being taken shall be treated on and after that date as having been made in pursuance to section 73(5) of the 2006 Act.
(5) A notice sent to a person by the Chief Inspector in accordance with section 79L(5) of the 1989 Act before the transfer date shall be treated on and after that date as being notice given under section 73(7) of the 2006 Act.
(6) Where this paragraph applies, a notice continues to have effect only to the extent that it could have been given under section 73 of the 2006 Act.
17.—(1) This paragraph applies where—
(a) a person is registered in accordance with this Schedule;
(b) the Chief Inspector has, before the transfer date, sent a notice to the person of intention to take one of the steps mentioned in section 79L(1)(b) to (d)(40) of the 1989 Act; and
(c) that step has not taken effect.
(2) The notice sent to the person under section 79L(1) shall, on and after the transfer date, be treated as being notice given under section 73(2) of the 2006 Act.
(3) A person who has, before the transfer date, informed the Chief Inspector of the desire to object to the step being taken under section 79L(3) of the 1989 Act, shall be treated as having given notice under section 73(5) of the 2006 Act.
(4) An objection made before the transfer date under section 79L(3) of the 1989 Act to a step being taken shall be treated on and after that date as having been made in pursuance to section 73(5) of the 2006 Act.
(5) A notice sent to a person by the Chief Inspector in accordance with section 79L(5) of the 1989 Act before the transfer date shall be treated on and after that date as being notice given under section 73(7) of the 2006 Act.
(6) Where this paragraph applies, a notice continues to have effect only to the extent that it could have been given under section 73 of the 2006 Act.
18.—(1) This paragraph applies where an appeal has been made before the transfer date to the Tribunal(41) under section 79M(1) of the 1989 Act against a step taken by the Chief Inspector mentioned in section 79L(1), in respect of which the Tribunal has not reached a decision under section 79M(2).
(2) The appeal shall be treated, from the transfer date, as being an appeal under section 74 (appeals) of the 2006 Act.
(3) Where this paragraph applies, an appeal falls to be decided as if the step in respect of which the appeal is brought had been taken under the 2006 Act.
19.—(1) This paragraph applies where an appeal has been made before the transfer date to the Tribunal under section 79M(1) of the 1989 Act against an order under section 79K (protection of children in an emergency) of the 1989 Act, in respect of which the Tribunal has not reached a decision under section 79M(2).
(2) The appeal shall be treated, from the transfer date, as being an appeal under section 74(3) of the 2006 Act.
20.—(1) This paragraph applies where an appeal has been made before the transfer date to the Tribunal under section 79M(1) of the 1989 Act against a determination by the Chief Inspector under regulation 9 (waivers) of the Disqualification Regulations 2005, in respect of which the Tribunal has not reached a decision under section 79M(2).
(2) The appeal shall be treated, on and after the transfer date, as being an appeal brought under regulation 9 of the Disqualification Regulations 2007.
21. Where, before the transfer date, the Chief Inspector has served an enforcement notice under section 79D(2)(42) of the 1989 Act, the notice continues to have effect on and after the transfer date as if it had been served under section 33(4) or 52(4) of the 2006 Act, as the case may be.
22.—(1) Subject to sub-paragraph (2), a notice given by the Chief Inspector to a person under regulation 8(1) (notice) of the National Standards Regulations shall be treated, from the transfer date, as having been given under regulation 9 (failure to comply with welfare requirements notice) of the Early Years Foundation Stage (Welfare Requirements) Regulations 2007(43).
(2) The notice shall only continue to have effect as provided in sub-paragraph (1) where a person is registered under section 37(1) or (2) of the 2006 Act by the Chief Inspector in accordance with this Schedule, and to the following extent—
(a) the person in receipt of the notice has failed to meet, or would have failed to meet, the welfare requirements specified in Section 3 of the EYFS Statutory Framework; or
(b) the person in receipt of the notice has failed to have regard to, or would have failed to have regard to, the guidance in Section 3 of the EYFS Statutory Framework.
23. Despite the amendment made to section 79C(44) of the 1989 Act, in exercising functions under Part 3 of the 2006 Act, the Chief Inspector may have regard to—
(a) anything done, or alleged to have been done, by a person registered under Part 10A of the 1989 Act to comply with the duty imposed by regulation 4(2) of the National Standards Regulations; and
(b) any failure, or alleged failure, by a person registered under Part 10A of the 1989 Act, to comply with the duty imposed by regulation 4(2) of the National Standards Regulations.
24.—(1) This paragraph applies where immediately before the transfer date a person’s registration is suspended by the Chief Inspector under regulation 3 (power to suspend registration) of the Suspension Regulations.
(2) The person’s registration is, on the transfer date, treated as suspended by the Chief Inspector under regulation 8 (suspension of registration) of the Common Provisions Regulations.
(3) Where a person has appealed to the Tribunal under regulation 8 (rights of appeal) of the Suspension Regulations and the Tribunal has not reached a decision, the appeal shall, on and after the transfer date, be treated as having been made under regulation 12(1) (appeal against suspension) of the Common Provisions Regulations.
(4) Nothing in this paragraph shall affect the period or periods of time for which a person’s registration may be suspended.
25.—(1) Where the Chief Inspector has given consent to waive a disqualification under regulation 9 (waivers) of the Disqualification Regulations 2005 (and has not withdrawn that consent), the consent continues to have effect as if it had been given under regulation 8 (waivers) of the Disqualification Regulations 2007.
(2) Where—
(a) a person has requested that the Chief Inspector give consent to waive a disqualification under regulation 9 of the Disqualification Regulations 2005; and
(b) immediately before the transfer date, the Chief Inspector has not made a determination in respect of the request,
the Chief Inspector must make a determination in respect of the request as if it had been made under regulation 8 of the Disqualification Regulations 2007.
(3) A consent given by a local authority under regulation 9(4) of the Disqualification Regulations 2005 continues to have effect.
26. Where the Chief Inspector has applied to a justice of the peace for an order under section 79K of the 1989 Act and, immediately before the transfer date, the justice of the peace has not made the order, the application shall, from that date, be treated as having been made under section 72 of the 2006 Act.
27.—(1) Where—
(a) the Chief Inspector has conducted an inspection under section 79Q of the 1989 Act; and
(b) immediately before the transfer date, has not reported in writing on the matters mentioned in subsection (6)(a) to (d) of that section,
the Chief Inspector must report in accordance with that section.
(2) Section 79R(3) of the 1989 Act continues to have effect in respect of a copy of a report on an inspection made under section 79Q before the transfer date.
(3) Section 79R(3A) of the 1989 Act and regulations 5 and 6(45) of the Inspection Regulations continue to have effect in respect of an inspection under section 79Q before the transfer date.
The effect of section 79L(1)(a) of the 1989 Act in England is that the Chief Inspector must give notice of not less than 14 days before refusing an application for registration. Back [39]
The effect of section 79L(1)(b) to (d) of the 1989 Act in England is that the Chief Inspector must give notice of not less than 14 days before cancelling a registration; removing or varying any condition to which a registration is subject or imposing a new condition; or refusing to grant an application for the removal or variation of any condition to which a registration is subject. Back [40]
By virtue of section 98 and 69(11) of the 2006 Act, “the Tribunal” means the Tribunal established by section 9 of the Protection of Children Act 1999 (c. 14). Back [41]
The effect of section 79D(2) of the 1989 Act in England (before 1st September 2008) is that the Chief Inspector may serve an enforcement notice on a person who appears to have contravened the requirement in section 79D(1) not to act as a child minder unless registered under Part 10A of that Act. By virtue of section 79D(4), a person in respect of whom an enforcement notice has effect who contravenes section 79D(1) without reasonable excuse is guilty of an offence. Back [42]
By virtue of regulation 10 of the National Standards Regulations a person who, without reasonable excuse, fails to comply with the terms of a notice given under regulation 8 is guilty of an offence. Back [43]
By virtue of the amendment made to section 79C of the 1989 Act, the National Standards Regulations cease to have effect on 1st September 2008. Regulation 4 of those Regulations gives the Chief Inspector power to take account of the duty imposed on a registered person under regulation 4(2), and any failure or alleged failure of such a person to comply with that duty. Back [44]
Regulation 5 of the Inspection Regulations makes provision in respect of the destination of reports. In particular, it requires a registered person to provide a copy of a report to parents and any person who requests it. Regulation 6 makes provision in respect of fees for the provision of copies of a report to persons who request it. Back [45]
The Childcare Act 2006 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008